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MATTER OF THOMAS ANTHONY HOLDINGS LLC v. GOODBODY

Index No. 157008/21. Appeal No. 284. Case No. 2022-00775.

216 A.D.3d 538 (2023)

189 N.Y.S.3d 190

2023 NY Slip Op 02748

In the Matter of Thomas Anthony Holdings LLC, Appellant, v. Bridget Goodbody et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 18, 2023.

Attorney(s) appearing for the Case

Tuttle Yick LLP, New York (Eli D. Raider of counsel), for appellant.

Kane Kessler, P.C., New York (Dana M. Susman of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, González, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Verna L. Saunders, J.), entered February 1, 2022, which denied petitioner Thomas Anthony Holdings LLC's motion for a temporary license pursuant to RPAPL 881 to access respondents' adjoining property to install temporary overhead, rooftop, and chimney protections on their building, unanimously modified, on the law, to vacate the denial of the motion and to remand the matter for a hearing and...

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